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(영문) 대전지방법원 2016.10.13 2016고단2654
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of CSP car volume.

On May 11, 2016, the Defendant is under the influence of alcohol of 0.191% in blood alcohol concentration on May 23:1, 2016, and the Defendant is proceeding at the speed of the USF in front of the Sejong Central Agricultural Cooperative in the direction of the direction of the direction of the transmission along the two-lane road in the direction of the direction of the direction of the transmission.

The course has changed to a two-lane.

In such cases, when intending to change course of a vehicle, the driver has a duty of care to safely change course, such as not changing course, if he/she is likely to inform the change of course as a direction indicator or light in advance and impede normal traffic of other vehicles running in the direction of the change.

Nevertheless, the Defendant, while neglecting this duty of care, neglected to change the course from the first lane to the second lane, and neglected to change the course from the second lane to the second lane, and led the victim D (AW 36 years of age) who committed a normal motor vehicle driving in the second parallel, followed the driving seat of the motor vehicle into the top top of the Defendant’s vehicle.

The Defendant suffered injury to the victim due to the above occupational negligence, such as cerebral rheat, in which there is no one in the two open for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation report (investigation of attachment of black stuff images) and investigation report (victim's statement);

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning criminal facts (the point of sound driving and the choice of imprisonment);

1. Article 37 of the Criminal Code among concurrent crimes.

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